Browse Forums Building A New House 1 May 15, 2010 5:56 pm I made my weekly trip to my house which has the roof frame, tiles and ceiling completed. Today I see that one of our neighbours has had a boundary fence erected. Their house has a driveway and a letterbox which means that they are not far from completion. I have read the Dept.of Commerce publication on dividing fences and believe that you give a notice to fence, with the appropriate quotes. I have not received this. Also, the neighbour could contact our builder (the sign is out the front of our block) or the council to find us. I do not want to rock the boat but there is a procedure to follow and I don't think the neighbour has done the right thing. Also, there is nothing in the estates covenants to state that the fences were included in the price of the land. Any thoughts or advice? Building with Commodore Homes Revolution in Hocking Pre-start 17th December Slab down 5th March 2010 Bricks done 10th April Walls plastered 20th May 2010 Lock up 3rd June 2010 My building thread https://forum.homeone.com.au/viewtopic.php?f=31&t=30812 Re: Neighbour erected fence without my knowledge! 2May 15, 2010 6:26 pm keep quiet and get a free fence? If they have not gone thru correct procedure, then you will not have to pay your half. They cannot put a fence up and then send you bill for half - in order to claim half of cost they have to send you a notification notice and quotes, as you have mentioned - and you have the right to get alternative quotes or negoitiate an alternative fence. Re: Neighbour erected fence without my knowledge! 3May 15, 2010 6:28 pm They may have had a house and land package which included fencing, in which case consider it a blessing as you won't have to pay half Blog: http://bluemistkids.blogspot.com "Never be afraid to try something new. Remember, amateurs built the ark, and professionals built the Titanic." Re: Neighbour erected fence without my knowledge! 5May 16, 2010 3:56 pm Yes. It is the same throughout the whole estate. A shade of brown colourbond which is very nice. Yes, a free fence would be nice, but do I sneak the question in when I meet the neighbour as to whether or not it was part of their package? The only thing "extra" we got from the land developers was a $4k front landscaping package. I still think a call to the Dept of Commerce might help clarify things. Building with Commodore Homes Revolution in Hocking Pre-start 17th December Slab down 5th March 2010 Bricks done 10th April Walls plastered 20th May 2010 Lock up 3rd June 2010 My building thread https://forum.homeone.com.au/viewtopic.php?f=31&t=30812 Re: Neighbour erected fence without my knowledge! 6May 16, 2010 4:06 pm As it is the fence you would have gone ahead with anyway... I'd sit quiet and not do anything. If they chase payment later down the track, then you'll be able to bring it up with them... but for now, I'd appreciate the freebie. Wish our neighbours just went ahead and organised our fence... Re: Neighbour erected fence without my knowledge! 8May 16, 2010 6:00 pm The Dividing Fences Act is a bit wishy-washy. I've got the Brochure from DOCEP here, and it's online at http://www.buildingcommission.wa.gov.au ... ences.aspx (Page 3) 2. Do you wish to receive a contribution from your neighbour for the cost of building or maintaining the fence? The Act provides for neighbours to share the cost of a sufficient dividing fence and provides a mechanism for giving notice and resolving disputes. You should give the necessary notice and obtain agreement before constructing a fence, as the Act only allows for recovery of costs afterwards in very limited circumstances. Note: Any agreement, contract or covenant between owners of adjoining lands with regard to the cost of the construction and contribution for a dividing fence overrides provisions of the Act. But then on page 8: This section applies only where one or both of the adjoining lots of land is vacant. You may erect a sufficient fence without giving notice or reaching agreement with the owner of the vacant land and still obtain a contribution towards the cost. The owner who has erected the fence may claim from the adjoining owner whether or not notice was given or an agreement was reached. Except where there is an agreement or a court order, you cannot recover any of the costs from the owner of adjoining land that is vacant unless or until the current owner of the adjoining land: (a) has completed a substantial building or structure on the land; or (b) has occupied or occupies a building or structure on the land; or (c) has permitted or permits some other person to lawfully occupy a building or structure on the land. If any of the above conditions are satisfied, you may give the other owner a notice claiming half the value of the fence as estimated at the date of claim. Give the Building Commission a call (or email them: dividingfences@bc.wa.gov.au) and let us know what they say! One of our neighbours a just a couple of months behind us, we've spoken to them and we've pretty much agreed on the type and colour of fence we both want. Our other neighbour on the other hand, still hasn't lodged any applications with the council, but when we met with them a month after our land settled to sign off on their balcony overlooking issue, he TOLD us what colour he was getting, and that if we didn't like it, we'd just have to paint our side Needless to say, if he hasn't started building by the time we're ready to put a fence up, he's going to be the one who spends the weekend painting his side! Oceanic with Nautilus upgrades. Handover 8 September 2010 Re: Neighbour erected fence without my knowledge! 9May 16, 2010 10:58 pm Thanks for the feedback. I will call the Building Commission as I do not want the neighbour to surprise me with a bill down the track. If they do, I guess I will get three quotes myself and present the lowest one. Anyway, I will let you all know what happens. Building with Commodore Homes Revolution in Hocking Pre-start 17th December Slab down 5th March 2010 Bricks done 10th April Walls plastered 20th May 2010 Lock up 3rd June 2010 My building thread https://forum.homeone.com.au/viewtopic.php?f=31&t=30812 Re: Neighbour erected fence without my knowledge! 10May 17, 2010 11:36 am Even if your neighbour has not followed the correct procedure, I think you should still pay half if asked to do so. Having a good relationship with your neighbours is more important than a few dollars ... Built the PD Heywood 29 - Williams Landing Stage 3 This certainly doesn't look good. I would be engaging with an independent inspector to have a look at this. As for the unscheduled site visits, most builders are quite… 1 28150 Elvis has left the building... The site supervisor quit after 2 month on the project. 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